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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. Channels in the 017 watershed were of particular concern, due to the steep slopes and significant acreage of new reclamation in the watershed. Based on what could be observed from the lower end of the watershed, the primary drainage channels appeared to have functioned properly, with no significant erosion evident. Drainage work yet to be completed in the 017 watershed includes construction of a stock pond near the lower end of the primary drainage channel, and riprap installation along the lower-most segment, from the stock pond location down to the Hubberson Gulch drainage confluence. A segment of the 006 permanent channel where erosion repairs had been conducted last fall was walked. The segment runs from the 006-E1 confluence down to the 006-NE2 confluence, and was accessed by walking down to the channel from the oil well pad. The entire segment had been regraded last fall to repair erosion, and a steep slope portion toward the upper end of the segment had been riprapped. The steep, riprapped segment held up fairly well, however there was some minor scour that has exposed the underliner, and minor repairs will be warranted. The portion of the channel from the toe of the steepest segment downstream to the 006-NE2 confluence was not riprapped, and this lower, non-riprapped segment scoured from 1 foot to 18 inches deep. Minor repair of the riprapped segment will be necessary; grading and riprap installation will be necessary along the remainder of the channel segment down to the 006-NE2 confluence. Sediment Ponds Sediment ponds 005, 006, 016, 016A, and 017 were inspected. All of the ponds were full and discharging clear water through the primary spillway. The French drain in the vicinity of the failed 024 series wells between Pond 016A and Pond 016 was functioning properly, with clear flow of approximately 20 gpm discharging into Pond 016. Backfillinc and Gradin Backfilling and grading work has been completed, with the exception of full reclamation of certain roads and width reduction grading of other roads to be retained for the postmine land use, along with some final permanent channel grading, and maintenance grading including rill and gully repair, channel repair, and slide repair. Recently completed backfilling and grading work was not closely evaluated on this inspection, due to muddy conditions that restricted access in many areas. The location of a gully on the east facing slope, east of the Ridgeline Access Road and south of the Substation Road junction, that had been noted in an aerial inspection report of Oct. 17, 2006 was field checked. The gully had been properly graded late last fall, but apparently did not get seeded prior to snowfall. The repair area should be seeded as soon as practicable this spring. Topsoil A significant acreage of topsoiling remains to be completed in the upper reaches of the 016 watershed, primarily within the regraded Sage CreeklWolf Creek mine block. Other areas to be topsoiled in 2007 include a small area of the lower 017 watershed in the vicinity of the stock pond to be constructed there, as well as various road reclamation locations. No assessment was made of areas topsoiled during 2006, due to the muddy conditions. Revecetation Although snow has only recently melted from many locations, the annual grain cover crop seeded along with the permanent mix in the 2006 seeded areas has already germinated and inititiated growth in most areas, with better growth on south and west facing slopes due to earlier snow melt and soil warming. Revegetation success was not closely assessed due to the early season and muddy conditions. 5